The purpose of this initiative ordinance is to add a new overlay district to the City of Santa Monica's Zoning Districts. This initiative ordinance is necessary to protect the public health, safety and welfare of present and future residents of the City of Santa Monica [the "City"] by avoiding the deleterious effects of uncontrolled growth in the Beach Overlay District and preserving the unique and diverse character of the Santa Monica oceanfront.
This purpose is achieved by limiting the proposed proliferation of excessive hotel, motel and large restaurant development within the Beach Overlay District. Such development ignores the need to preserve Santa Monica's greatest asset — its oceanfront setting, view, and access to coastal resources — and to maintain its beach and oceanfront parks as open recreational area for present and future generations.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The following areas are excluded from the Beach Overlay District:
A. 
The Santa Monica Pier platform and up to a maximum of 140,000 square feet of new development to be erected on the platform after the effective date of this initiative ordinance.
B. 
That area described as follows: that portion of the Beach Overlay District seaward of the centerline of Ocean Avenue and lying between the Santa Monica pier on the north and Seaside Terrace on the south, and the Promenade on the west.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Subject to the provisions of Section 9.20.060 the following uses shall be permitted in the Beach Overlay District:
A. 
All uses listed as permitted uses within the district in which the parcel is located.
B. 
Open space, public beaches, parks, incidental park structures, gardens, playgrounds, recreational buildings, and recreational areas.
C. 
Public parking.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Subject to the provisions of Section 9.20.060, the following uses may be permitted in the Beach Overlay District subject to the approval of a use permit:
A. 
All uses listed as subject to minor use permits in the District in which the parcel is located.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 38, adopted June 14, 2016)
Subject to the provisions of Section 9.20.060, the following uses may be permitted in the Beach Overlay District subject to the approval of a conditional use permit:
A. 
All uses listed as conditionally permitted uses in the District in which the parcel is located.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Hotels, motels.
B. 
Restaurants and/or food service facilities of more than 2,000 square feet and/or exceeding one story in height.
C. 
Any use not specifically listed in Sections 9.20.030, 9.20.040, and 9.20.050.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 18, adopted June 14, 2016)
Any building or area within the Beach Overlay District currently in use as a recreational building or recreational area shall not be removed or demolished except to replace said building or area with open space or substantially similar recreational use or uses. A "recreational building" is defined as an incidental park structure such as a restroom and maintenance facility, community room, locker room and shower servicing persons using the beaches or ocean, a playing court, playground, picnic area, or public swimming pool.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2536CCS § 6, adopted February 28, 2017)